Paper 1 - Statutory Interpretation Flashcards
Who’s role is it to decide what Parliament meant by the words used in a statute and apply it to the case?
It is the role of the courts to interpret an Act and apply it to the case before them.
What are the four methods the Judges have developed to help interpret statutes?
•The Literal Rule •The Golden Rule •The Mischief Rule •The Purposive Approach Some Judges prefer one to the other. They can result in very different outcomes.
What is the Literal Rule?
WHITELY v CHAPPELL
Judges give words in a statute their original dictionary meaning, even if it results in an absurd outcome to cases: WHITELY v CHAPPELL.
What is the principle from FISHER v BELL?
Where words have a technical legal meaning then, under the Literal Rule, this will be used: FISHER v BELL.
What is an advantage for the Literal Rule?
HINT: supremacy of Parliament
The basis of the rule is that the best way to interpret the intention of Parliament is to follow the literal meaning of the words they have used in a Statute. Thus it respects the supremacy of Parliament and leaves law making to those elected for the job. If there is a problem with the words in a Statute, Parliament can amend the Statute if it chooses.
What is a disadvantage of the Literal Rule?
HINT: absurd conclusion
Where the use of the Literal Rule does lead to an absurd conclusion, it can hardly be said to be carrying out the intention of Parliament, since Parliament is unlikely to have intended absurdity or injustice. It cannot have been Parliament’s intention to let someone get away with an extra vote as happened in WHITELY v CHAPPELL.
What is an advantage of the Literal Rule?
HINT: certainty, predictability
It also encourages certainty in the law, as the Judges are not allowed to alter the meaning of words in Acts to suit themselves. The predictable result makes it easier for people to know what the law is and how Judges will apply it.
What is a disadvantage of the Literal Rule?
HINT: perfectly drafted
The Literal Rule assumes that every Act will be perfectly drafted and this is not always the case. Words often do not have one plain ordinary meaning, or meanings can change over time. Further, it is not always possible to draft an Act so that it covers every situation that Parliament intended to regulate. This can be seen in WHITELY v CHAPPELL.
What is an advantage of the Literal Rule?
HINT: faulty legislation and loopholes
Some Judges argue that they are doing Parliament a service by drawing faulty legislation and loopholes to their attention - as in FISHER v BELL, where Parliament had to amend the statute shortly after the case.
What is a disadvantage of the Literal Rule?
HINT: external aids
The Literal Rule is favoured by those Judges who are reluctant to use external aids; yet external aids (e.g. Hansard) could have cleared up any uncertainty over the interpretation of the Act.
Why is the Golden Rule and when may it be used?
The Golden Rule is a modification of the Literal Rule and may be used if a Judge considers that the Literal Rule would lead to an absurd outcome.
How have Judges applied the Golden Rule in a narrow way?
ADLER v GEORGE
Where words are capable of having more than one meaning, the meaning that is the least absurd should be used: ADLER v GEORGE.
How have the Judges also used the Golden Rule in a wider way?
(RE SIGSWORTH)
Judges have used the Golden Rule in a wider way. Here the Golden Rule is used to modify clear words in a statute to avoid an absurdity: RE SIGSWORTH.
What is an advantage of the Golden Rule?
HINT: escape route
Where there is a problem using the Literal Rule, the Golden Rule provides an ‘escape route’ - the Judges can use it to prevent the absurdity and injustice caused by the Literal Rule.
What is a disadvantage of the Golden Rule?
HINT: interpreting ‘absurd’
The main problem is in deciding when a literal interpretation produces an ‘absurd’ result. Different Judges may have different views. This can lead to uncertainty in the law.
Professor Zander said the Golden Rule was an ‘unpredictable safety valve’. This means that it will be difficult for lawyers to advise their client what the result will be.
What is an advantage of the Golden Rule?
HINT: what Parliament really means
The Judges put into practice what Parliament really means. Parliament’s intention would not have been to create an absurd situation. It would clearly have been unjust to allow the son in RE SIGSWORTH to benefit from his crime.
What is a disadvantage of the Golden Rule?
HINT: undemocratic
The unelected Judges are beginning to make law, as they are not confining themselves to the actual words in the statute, but instead are trying to work out what Parliament intended. The Golden Rule can be said to be undemocratic.
What is an advantage of the Golden Rule?
HINT: sensible meaning
It allows the Judges to choose the most sensible meaning where there is more than one meaning to the words in the statue.
What is a disadvantage if the Golden Rule?
HINT: rare occasions
It is very limited in its use, so it is only used on rare occasions.
What case was the Mischief Rule laid down in?
HEYDON’S CASE